Tanzania Act or statute

Parliament of Tanzania

The Tanganyika Higher Education Trust Fund Act

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Jurisdiction: Tanzania
Structure: 31 provisions
Citation: The Tanganyika Higher Education Trust Fund Act
Dates: Undated source snapshot

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Purpose and legislative effect

“This section says the Act may be cited as the Tanganyika Higher Education Trust Fund Act.”

This section says the Act may be cited as the Tanganyika Higher Education Trust Fund Act. This section defines key terms used in the Act, including Board, Chairman, Fund, higher education, member, property, Secretary, and treasurer. This section establishes the Board of Trustees and gives it broad powers to act and make transactions to support its functions. The Board must have at least six members, including at least three non-public-office members appointed by the President. The President may choose a Chairman and Deputy Chairman from among the members, and the Chairman plus two other members make a quorum. Board members hold office at the President’s pleasure for two years, and a member may resign with three months’ written notice to the President unless the President allows a shorter period.

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Short title

This section says the Act may be cited as the Tanganyika Higher Education Trust Fund Act.

Section 1

Appointment of Secretary and other staff to Board and emoluments

The Board may appoint a Secretary and other necessary staff, appoint persons even if they already hold Government offices of emolument, and determine and pay any allowances or emoluments.

Section 9

Power to retain investment which has ceased to be authorised

The Board may choose to keep holding an investment even if it has stopped being an authorised investment under section 15.

Section 16

Expenses to be met from rents, interest, etc

The Board must use income from land and investments to pay its expenses and maintain the land and investments, pay any year-end balance into the Fund, and cover any excess expenses from the Fund.

Section 24

Reservation to Republic

This Act does not affect the rights of the United Republic or other persons except those mentioned in the Act and people claiming through them.

Section 31

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Showing 31 of 31 provisions

Provision 30Short title

§ 1Short titleShort title

This section says the Act may be cited as the Tanganyika Higher Education Trust Fund Act.

1. This Act may be cited as the Tanganyika Higher Education Trust Fund Act.

Section 1Verify source

§ 23. Establishment of Board of TrusteesProvision

This section defines key terms used in the Act, including Board, Chairman, Fund, higher education, member, property, Secretary, and treasurer.

2. In this Act, unless the context requires otherwise- “Board” means the Tanganyika Higher Education Trust Fund Board of Trustees established under section 3; “Chairman” means the Chairman of the Board appointed under the provisions of section 4 and includes the Deputy Chairman; “Fund” means the Tanganyika Higher Education Trust Fund established under section 11; “higher education” means education normally provided by a university, university college, technical college, or other educational institution providing facilities for higher academic, scientific, technological, professional or vocational training, or research; “member” means a member of the Board appointed under section 4 and includes a temporary member appointed under section 6; “property” means property of every description, movable or immovable; “Secretary” means the Secretary of the Board appointed under section 9; 654 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] “treasurer” means a person appointed as treasurer of the Board under section 9. Establishment of Board of Trustees

Section 2Verify source

§ 3Establishment of Board of TrusteesProvision

This section establishes the Board of Trustees and gives it broad powers to act and make transactions to support its functions.

3. There shall be established a Board of Trustees to be known as the Tanganyika Higher Education Trust Fund Board of Trustees which shall- (a) be a body corporate with perpetual succession and a common seal; (b) in its corporate name be capable of suing and being sued; (c) be capable of holding, acquiring and disposing of property; and (d) subject to the provisions of this Act, have power to do anything and enter into any transaction, whether or not involving expenditure or lending or investment of money, which in its opinion is calculated to facilitate the performance of its functions or is incidental or conducive to it. Constitution of Board G.N. No. 2169 of 1957

Section 3Verify source

§ 4Constitution of BoardProvision

The Board must have at least six members, including at least three non-public-office members appointed by the President. The President may choose a Chairman and Deputy Chairman from among the members, and the Chairman plus two other members make a quorum.

4.–(1) The Board shall consist of not less than six members, of whom at least three shall be persons not holding public office to be appointed by the President. (2) The President may appoint from amongst the members a Chairman and a Deputy Chairman of the Board. (3) The Chairman and two other members shall constitute a quorum. Tenure and vacation of office

Section 4Verify source

§ 5Tenure and vacation of officeProvision

Board members hold office at the President’s pleasure for two years, and a member may resign with three months’ written notice to the President unless the President allows a shorter period.

5.–(1) The members shall hold office during the President’s pleasure and for a period of two years. (2) A member may resign from the Board by giving three months’ notice in writing to the President or any less period as the President may in any particular case permit. Power to appoint temporary members

Section 5Verify source

§ 6Power to appoint temporary membersProvision

If a member cannot perform duties because of absence, illness, or another cause, the President may appoint a temporary member to do those duties for as long as the member is disabled.

6. Where during any period any member is unable owing to his absence from the United Republic or to illness or to any other cause to perform his duties the President may appoint a temporary member to perform the duties of that member for the period during which he is so disabled. 655 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] Vacancy among members not to invalidate proceedings

Section 6Verify source

§ 7Vacancy among members not to invalidate proceedingsProvision

Board proceedings and acts remain valid even if there is a vacancy or a defect in a member’s appointment.

7. The validity of the proceedings and acts of the Board shall not be affected by any vacancy amongst its members or by any defect in the appointment of a member. Procedure Ord. No. 35 of 1957 s. 3 Appointment of Secretary and other staff to Board and emoluments

Section 7Verify source

§ 8ProcedureProvision

The Board may regulate its own proceedings, must meet as often as needed, and its meetings and documents follow specific chairing, voting, and signing rules.

8.–(1) Subject to the provisions of any regulations made under this Act, the Board may regulate its own proceedings and shall meet as often as occasion may require. (2) At all proceedings of the Board the Chairman shall preside and shall have a deliberative vote and in addition, in the event of an equality of votes, a casting vote. (3) All questions coming or arising before any meeting of the Board shall be decided by a majority of the members present and voting at the meeting. (4) All orders, directions, instruments, receipts and other documents of the Board shall be made or given under the hand of the Chairman, the Secretary or the treasurer.

Section 8Verify source

§ 9Appointment of Secretary and other staff to Board and emolumentsProvision

The Board may appoint a Secretary and other necessary staff, appoint persons even if they already hold Government offices of emolument, and determine and pay any allowances or emoluments.

9.–(1) The Board may appoint a Secretary and other staff who may, appear necessary for the performance of its functions. (2) A person may be appointed as Secretary or to the staff of the Board notwithstanding that he holds an office of emolument under the Government. (3) The Board shall pay to the members any allowances, if any, and to the Secretary and staff any emoluments, if any, which the Board may determine. Personal liability not to attach to members

Section 9Verify source

§ 10Personal liability not to attach to membersProvision

A member is not personally liable for things done or suffered in good faith and without negligence under this Act.

10. Personal liability shall not attach to any member in respect of anything done or suffered in good faith and without negligence under the provisions of this Act. Establishment of Fund

Section 10Verify source

§ 11Establishment of FundProvision

This section establishes the Tanganyika Higher Education Trust Fund and says the Board manages it.

11.–(1) There shall be established a fund to be known as the Tanganyika Higher Education Trust Fund which shall be vested in the Board on trust for purposes set out in section 12 and, subject to the provisions of this Act, shall be under the management and control of the Board. 656 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] (2) The Fund shall consist of- (a) the sum of five hundred and ninety million shillings, two hundred thousand one hundred and thirty to be paid by the Government from monies appropriated for the purpose; (b) all monies received by the Board pursuant to section 13; (c) the proceeds of the sale of any property received by the Board pursuant to section 13; (d) the proceeds of the sale by the Board of any investments pursuant to section 15; (e) all monies raised by the Board pursuant to section 21; and (f) all monies accruing to the Board by way of rents, profits, interest and dividends pursuant to section 24. Objects of Fund

Section 11Verify source

§ 12Objects of FundProvision

The Fund must be used for listed higher-education purposes, mainly in Tanzania, with a donor-based exception allowing some gifts or legacies to be applied outside Mainland Tanzania for a corresponding purpose.

12. The objects and purposes to which the Fund shall be devoted are as follows: (a) the erection of an institution or institutions for higher education in Tanzania, the acquisition of land and the provisions of amenities normally incidental to those purposes; (b) the provisions of funds for the maintenance, extension and administration of such institution or institutions and the amenities incidental to the purposes; (c) the establishment of an endowment fund or endowment funds for purposes connected with those institutions; (d) the provision of scholarships, bursaries and other similar facilities for higher education whether within or outside Tanzania; (e) the provisions of other facilities in the Mainland Tanzania for higher education for the inhabitants of Tanzania: Provided that, where the donor of any gift or legacy expressly provides that the whole or any part of such gift or legacy may be applied outside Mainland Tanzania for any object or purpose corresponding to any object or purpose hereinbefore set out, 657 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] Power of Board to receive gifts then that part of the Fund referable to such gift or legacy, or part of it, as the case may be, may be applied accordingly.

Section 12Verify source

Part

part of it, as the case may be, may be applied accordingly.

§ 13Power of Board to receive giftsProvision

The Board may receive gifts or legacies on trust, but money and most property received must be paid or sold into the Fund, with limited discretion to retain certain items.

13.–(1) The Board may receive property by way of gift or legacy on trust for any one or more of the objects and purposes set out in section 12. (2) All monies received pursuant to subsection (1) of this section shall be paid into the Fund. (3) Subject to the provisions of subsections (4), (5) and (6) of this section, the Board shall sell all property received pursuant to subsection (1) of this section and shall pay the proceeds of it into the Fund. (4) The Board may in its discretion retain any article received pursuant to subsection (1) of this section which in its opinion is of archaeological, geographical, anthropological, ethnological, prehistorical, historical, artistic or scientific value or interest and may take any steps which are necessary for the preservation and safe custody of those articles. (5) The Board may not make any disposition of any land received from the Government pursuant to subsection (1) of this section and section 23 otherwise than in the manner provided by section 17. (6) Any land and any investments of the kind in which the Board is authorised to invest under the provisions of this Act received by the Board pursuant to subsection (1) of this section may, in the discretion of the Board, be retained. (7) Any land, investments or other property retained pursuant to subsections (4), (5) and (6) of this section shall, for purposes of this Act, be deemed to have been purchased from the Fund. (8) The disposition of any article retained by the Board pursuant to the provisions of subsection (4) of this section shall be in the discretion of the Board having regard to the objects set out in section 12 and the conditions on which that article was given to the Board. 658 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] Restriction on acceptance of property Power to invest Ord. No. 35 of 1957 s. 5

Section 13Verify source

§ 14Restriction on acceptance of propertyProvision

The Board may refuse property, or accept it on conditions it chooses. It must not accept property tied to managing or carrying on a business, but this does not stop it from managing or accepting land or an interest in land.

14.–(1) The Board may decline to accept any property or may accept the same subject to any conditions which it may deem fit. (2) The Board shall not accept any property which involves the management or carrying on of any business: Provided that, this section shall not preclude the Board from managing or accepting any land or interest in it.

Section 14Verify source

§ 15Power to investProvision

The Board may invest Fund money in specified securities, mortgages, property, fixed deposits, or other securities authorised in writing by the Minister responsible for finance.

15.–(1) The Board may invest any monies in the Fund- (a) in any securities in which trustees are for the time being authorised by law to invest trust funds; (b) in any securities the interest on which is for the time being guaranteed by the Government of the United Republic, or the Government of Kenya, or the Government of Uganda, or the Government of any other country; (c) by way of first mortgage on immovable property in Mainland Tanzania up to an amount not exceeding three-fifths of its value and provided that, in the case of a lease or right of occupancy, not less than forty years of the term remains unexpired at the time of the investment; (d) by way of purchase of immovable property situate in Tanzania; (e) by way of fixed deposit at a bank approved by the Minister responsible for finance; and (f) in any other securities (whether similar to the preceding or not) which the Minister responsible for finance may authorise in writing, and may also vary, withdraw or realise those investments. (2) The power conferred by subsection (1) of this section shall be exercised according to the discretion of the Board. Power to retain investment which has ceased to be authorised

Section 15Verify source

§ 16Power to retain investment which has ceased to be authorisedProvision

The Board may choose to keep holding an investment even if it has stopped being an authorised investment under section 15.

16. The Board may in its discretion continue to hold an investment which has for any reason ceased to be an investment authorised under section 15. 659 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] Power to manage land Ord. No. 35 of 1957 s. 6 Board to give effect to donor’s instructions

Section 16Verify source

§ 17Power to manage landProvision

The Board may lease, dispose of, and manage certain land, but land granted by the President cannot be disposed of to anyone else without the President’s prior written consent, subject to a scheme exception.

17. The Board may lease (including the creation of sub-rights of occupancy) and make any other disposition over land retained pursuant to section 3(5) and (6) or purchased under section 15 on any terms and conditions which it may consider appropriate, and may otherwise manage that land in any manner which it deems fit: Provided that, in the case of land granted to the Board by the President under the provisions of section 23, a disposition except by way of a scheme pursuant to section 19, may not be made over in favour of any person other than the President without the prior consent in writing of the President and any consent may only be given by the President to a disposition which, if that land had been public land, could be made over by the President under the provisions of the Land Act (other than section 20); and upon the making of that disposition, if the term created thereby exceeds a period of thirty-three years, then the whole of the reversionary interest, if any, in that land shall immediately vest in the President without compensation and without further assurance.

Section 17Verify source

§ 18Board to give effect to donor’s instructionsProvision

If the Board accepts a gift or legacy with qualifying conditions, it must carry out those conditions; if that becomes impracticable, the Board may vary them after consulting the donor or the donor’s legal personal representative where reasonably possible.

18.–(1) Where the donor of any gift or legacy attaches to such gift or legacy any conditions (not inconsistent with the provisions of this Act) as to its operation as a memorial, scholarship or bursary fund, or its application for the construction of buildings, the provisions of specified amenities and facilities incident to an institution for higher education or for other purposes similar to or incidental to the foregoing, and the Board accepts the gift or legacy, then the Board shall, subject to the provisions of subsection (2) of this section, give effect to any of those conditions. (2) Where at any time it appears to the Board to be impracticable to give effect to any conditions attached to any gift or legacy, the Board may, after consulting the donor or his legal personal representative (if it is reasonably possible so to consult the donor or his legal personal representative), vary the conditions in any manner which may appear to the Board best calculated to give effect to the intentions of the donor. 660 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] Board to prepare schemes

Section 18Verify source

§ 19Board to prepare schemesProvision

The Board must from time to time prepare a scheme for distributing Fund property held on trust, and the scheme may cover how the property is applied, trust creation, beneficiary limits and selection, administration, and timing; it is to be submitted to the President for approval.

19.–(1) For the purpose of giving effect to the objects and purposes set out in section 12, the Board shall from time to time prepare a scheme for the distribution of that part of the Fund and other property held on trust by the Board which it shall deem fit to appropriate for the purpose of the scheme. (2) A scheme referred to under subsection (1) may make provision- (a) for the manner in which the monies and other property held on trust by the Board are to be applied; (b) for the creation of trusts; (c) for limiting the class of persons or institutions to be benefited and prescribing the conditions for them; (d) for the method of selecting persons and institutions to be benefited including open or restricted competition, qualifying standards, selection boards and any other method which in the opinion of the Board is best calculated to give effect to the purposes and provisions of this Act or the conditions attached to a gift or legacy; (e) for the constitution, procedure and terms of reference of selection boards or other persons charged with selecting persons or institutions to be benefited; (f) requiring acts or things to be performed or done to the satisfaction of a prescribed person; (g) for the management and administration of the scheme and the date on which the whole or any part of the scheme shall take effect; and (h) generally to give effect to the objects and purposes of this Act. Scheme to be submitted to President for approval

Section 19Verify source

§ 20Scheme to be submitted to President for approvalProvision

The President may approve, reject, or require a new scheme, and if a scheme is approved the Board must publish it in the Gazette.

20.–(1) A scheme prepared pursuant to the provisions of section 19 shall be submitted for approval to the President and the President may, with or without modification, approve any scheme so submitted or reject the same or order that a further scheme shall be submitted in its stead. 661 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] (2) Where the President approves any scheme under the provisions of subsection (1) of this section the Board shall, by notice in the Gazette, publish that scheme with any modifications made by the President. (3) A scheme shall take effect or the date or dates specified in it and shall be given effect to and administered as provided in it and, subject to the terms of that scheme, upon the appropriation of monies comprised in the scheme in the manner provided in it, the obligations and duties of the Board in relation to the monies under this Act shall be discharged.

Section 20Verify source

§ 21Power to organise raising of fundsProvision

The Board may raise funds for charitable, religious, or educational purposes, and the money raised must be paid into the Fund after expenses are met.

21.–(1) The Board may promote, organise and undertake the raising of funds in any manner commonly employed for the raising of funds for charitable, religious or educational purposes. (2) All monies raised pursuant to the provisions of subsection (1) of this section shall, after the expenses incurred in the raising of it have been met, be paid into the Fund.

Section 21Verify source

§ 22Land required by Board to be deemed public purposeProvision

Land required by the Government for vesting in the Board for higher-education use is treated as land required for a public purpose.

22. Notwithstanding anything contained in section 3 of the Land Acquisition Act or section 53 of the Land Act, but without prejudice to their provisions, any land required by the Government for the purpose of vesting the same in the Board under this Act in order that the land so vested shall be used as a site for the erection of an institution for higher education or for the provision of amenities or facilities incident to that institution shall be deemed to be land required for a public purpose within the meaning of those provisions.

Section 22Verify source

§ 23Power to make grants of public landProvision

The President may grant public land to the Board for any estate he considers fit.

23. Notwithstanding anything contained in the Land Act, the President may make grants to the Board of public land for any estate which he may deem fit.

Section 23Verify source

§ 24Expenses to be met from rents, interest, etcProvision

The Board must use income from land and investments to pay its expenses and maintain the land and investments, pay any year-end balance into the Fund, and cover any excess expenses from the Fund.

24.–(1) The rents, profits, interest and dividends received by the Board from land and investments pursuant to the provisions of this Act shall be applied by the Board to 662 Power to organise raising of funds Land required by Board to be deemed public purpose Cap. 118 Cap. 113 Power to make grants of public land Cap. 113 Act No. 24 of 1963 Sch. Expenses to be met from rents, interest, etc. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] the payment of the expenses incurred by the Board under the provisions of this Act and to the maintenance and management of that land and investments; and any balance in hand at the end of any financial year of the Board shall be paid into the Fund. (2) Where in any financial year the expenses incurred by the Board in carrying out its functions under this Act exceed the income of the Board derived from rents, profits, dividends and interest the excess shall be met from the fund.

Section 24Verify source

§ 25Accounts and auditProvision

The Board must keep proper accounts and records, prepare an annual statement of account, and the accounts must be audited annually by the Controller and Auditor-General.

25.–(1) The Board shall keep proper accounts and other records in relation to it and shall prepare in respect of each financial year of the Board a statement of account in such form as the President may direct. (2) The accounts of the Board shall be audited annually by the Controller and Auditor-General.

Section 25Verify source

§ 26Report of BoardProvision

The Board must, as soon as possible after each financial year ends, prepare a full report on its functions and lay one copy of that report and the audited accounts before the National Assembly.

26. The Board shall as soon as possible after the end of each financial year of the board prepare a full report on the performance by it of its functions during that financial year and one copy of that report together with a copy of the audited accounts shall be laid before the National Assembly. Accounts and audit Act No. 1 of 1968 Sch Report of Board Representation by Attorney General

Section 26Verify source

§ 27Representation by Attorney GeneralProvision

The Attorney General or a representative may intervene or represent the Board in proceedings brought by or against the Board, and the provision refers to an exemption from stamp duty.

27. In any proceedings brought by or against the Board, the Attorney General or his representative may intervene or represent the Board. Exemption from stamp duty Cap. 189

Section 27Verify source

§ 28Exemption from stamp dutyProvision

The Board is exempt from stamp duty on qualifying instruments.

28. A stamp duty shall not be chargeable under the Stamp Duty Act in respect of any instrument, within the meaning of that Act, executed by, or on behalf of, or in favour of, the Board in cases where, but for this exemption, the Board would be liable to pay the stamp duty chargeable in respect of that instrument. 663 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023] Winding up of Fund and expiration Regulations Ord. No. 35 of 1957 s. 7

Section 28Verify source

§ 29Winding up of Fund and expirationProvision

The Board must wind up the Fund and related assets on a date appointed by the President by Gazette notice, and the President must then declare the Fund wound up; the Act then expires.

29.–(1) On a date to be appointed by the President by notice in the Gazette, the Fund and other assets vested in the Board shall be wound up by the Board in any manner which may be prescribed by regulations under this Act and the proceeds thereof distributed in the manner which may be prescribed by regulations under this Act. (2) Upon the winding up of the fund, the President shall by notice in the Gazette declare the Fund to be wound up and thereupon this Act shall expire without prejudice to anything done or suffered under it.

Section 29Verify source

§ 30RegulationsProvision

The President may make regulations under this Act.

30. The President may make regulations for the better carrying out of the purposes and provisions of this Act and, in particular, but without prejudice to the generality of the foregoing, may make regulations regulating the proceedings of the Board, the proof of documents purporting to be executed, issued or signed by the Chairman or Secretary, or treasurer, the preparation of schemes, the winding-up of the fund and other assets vested in the Board and the distribution of the proceeds thereof. Reservation to Republic

Section 30Verify source

§ 31Reservation to RepublicProvision

This Act does not affect the rights of the United Republic or other persons except those mentioned in the Act and people claiming through them.

31. This Act shall not affect or be deemed to affect the rights of the United Republic, or of any bodies politic or corporate or other person or persons except such as are mentioned or referred to in this Act, and those claiming by, from, through or under them. 664 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Section 31Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Board in relation to the monies under this Act
Section 20
Board is best calculated to give effect to the purposes and provisions of this Act
Section 19
Board of Trustees This section defines key terms used in the Act
Section 2
Fund and expiration Regulations
Section 28

G–M

2 instruments

Land Acquisition Act
Section 22
Land Act
Section 17

T–Z

1 instrument

United Republic or other persons except those mentioned in the Act
Section 31

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